STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE AND FOR EXCLUDING TIME UNDER 18 U.S.C. § 3161

MAXINE M. CHESNEY, District Judge.

The United States of America, by and through its attorney of record, and defendant Yosiho Ramirez ("defendant"), by and through his attorney of record, jointly request that the scheduled court date of September 16, 2015, be vacated and that this matter be continued to November 4, 2015 at 2:15 p.m. for the following reasons:

1. The defense counsel is not available because her young daughter recently had to go to the emergency room and will require constant supervision during her recovery process. In addition, upon the defense counsel's return to the office, she will need additional time to investigate this case involving allegations of VICAR attempted murder, conspiracy to murder, and use of a firearm to further a crime of violence. Specifically, the defense counsel will need to investigate the contents of the extensive case file compiled by the state court attorney who defended Mr. Ramirez on similar charges involving the same conduct in Sonoma County. The defense counsel also needs additional time to conduct investigation before she can fully advise her client as to the proper course for this case.

2. For the reasons stated above, the parties stipulate and agree that this matter should be continued to November 4, 2015 at 2:15 p.m., and that the failure to grant such a continuance would unreasonably deny the defendant continuity of counsel and the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The parties further stipulate and agree that the time from September 16, 2015, to November 4, 2015, should be excluded on the basis that the ends of justice are served by taking such action which outweigh the best interest of the public and the defendant in a speedy trial and for continuity of counsel and effective preparation of counsel, taking into account the exercise of due diligence, under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

Respectfully submitted.

ORDER

Upon the parties= stipulation, and GOOD CAUSE appearing, IT IS HEREBY ORDERED that the court date of September 16, 2015 shall be vacated and that this matter shall be continued to November 4, 2015 at 2:15 p.m. for a status conference. IT IS FURTHER ORDERED that the time from September 16, 2015 to November 4, 2015 shall be excluded in accordance with the provisions of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). The Court finds that (A) failure to grant the continuance would unreasonably deny the defendant continuity of counsel and the reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (B) the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS SO ORDERED.